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2008

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Emeritus Lawsuits: Much Ado About Nothing?, Robert M. Jarvis Jan 2008

Emeritus Lawsuits: Much Ado About Nothing?, Robert M. Jarvis

Faculty Scholarship

Robert Jarvis, Emeritus Lawsuits: Much Ado About Nothing?, 9 Nevada Law Journal 63 (2008).


Substantial Change In Circumstances: An Unjustified Reason To Deny Post-War Asylum Claims From Afghan And Iraqi Women, Payal Salsburg Jan 2008

Substantial Change In Circumstances: An Unjustified Reason To Deny Post-War Asylum Claims From Afghan And Iraqi Women, Payal Salsburg

Nova Law Review

No abstract provided.


Commissions Of Inquiry - Cipev Report (Waki Report), Truth, Justice, And Reconciliation Commission Jan 2008

Commissions Of Inquiry - Cipev Report (Waki Report), Truth, Justice, And Reconciliation Commission

IX. Government Documents and Regulations

No abstract provided.


Conflict Resolution In The Aftermath Of The World Trade Center Attacks: A Family Mediation Program, Alan E. Gross Jan 2008

Conflict Resolution In The Aftermath Of The World Trade Center Attacks: A Family Mediation Program, Alan E. Gross

Cardozo Journal of Conflict Resolution

It is not unusual for a disaster or crisis to give rise to increasing tensions, interpersonal disputes and general conflict; however, even after an unexpected disaster of the magnitude of the 9/11 attacks, mobilizing conflict resolution services was not a priority for conflict professionals. In the wake of 9/11, mediators, arbitrators and other conflict resolvers were primarily concerned, like their fellow citizens, with their own safety and the safety of their families. When the fear of harm from additional attacks eventually subsided, many who had not been directly affected turned their attention to assisting those less fortunate who had lost …


Identifying Juror Bias: Using The Pretrial Juror Attitude Questionnaire For More Effective Voir Dire, Sara Jane Mobley Jan 2008

Identifying Juror Bias: Using The Pretrial Juror Attitude Questionnaire For More Effective Voir Dire, Sara Jane Mobley

Criminology & Criminal Justice Theses - Archive

A vast amount of empirical study exists regarding both the juror decision-making process and testing the validity of various methods for finding juror bias. Juror decision making is based on a multitude of factors including, but not limited to, ability to retain information, strength of evidence, preconceived ideas about lawyers, the justice system and law enforcement. Further, the concern regarding judicial economy during voir dire gives rise to ineffective attorney questioning as well as pressure placed on jurors to fulfill their duty to serve. This study seeks to rely on a version of the Pretrial Juror Attitude Questionnaire or PJAQ …


Center News/Faculty And Staff Updates, Human Rights Brief Jan 2008

Center News/Faculty And Staff Updates, Human Rights Brief

Human Rights Brief

No abstract provided.


Victim Participation In Proceedings Before The International Criminal Court, Fiona Mckay Jan 2008

Victim Participation In Proceedings Before The International Criminal Court, Fiona Mckay

Human Rights Brief

No abstract provided.


2008-09 Granite State College - Undergraduate Catalog, Granite State College Jan 2008

2008-09 Granite State College - Undergraduate Catalog, Granite State College

Granite State College Catalogs

No abstract provided.


The Violence Against Women Act: Denying Needed Resources Based On Criminal History, Jaime M. Yarussi Jan 2008

The Violence Against Women Act: Denying Needed Resources Based On Criminal History, Jaime M. Yarussi

Project on Addressing Prison Rape - Articles

This article aims to discuss the Violence Against Women Act (VAWA) and the Victims of Crime Act (VOCA) in regards to funding for mental health treatment and crisis servic- es for incarcerated survivors and victims of sexual violence. It will begin by illustrating the need for services because of inmates’ likely history of victimization and draws conclusions regarding the impact that denying VAWA/ VOCA resources may have on the recovery of incarcerated victims.


Tributes: The Honorable Irma S. Raker, Robert M. Bell, Glenn T. Harrell, Mary Ellen Barbera, Andrew L. Sonner, David A. Aaronson, Elizabeth I. Boals, Anthony C. Morella, Bruce A. Fredrickson, Barlow Burke, Linda D. Schwartz, Gerard M. Babendreir Jan 2008

Tributes: The Honorable Irma S. Raker, Robert M. Bell, Glenn T. Harrell, Mary Ellen Barbera, Andrew L. Sonner, David A. Aaronson, Elizabeth I. Boals, Anthony C. Morella, Bruce A. Fredrickson, Barlow Burke, Linda D. Schwartz, Gerard M. Babendreir

American University Law Review

No abstract provided.


Editorial:The Orleans Public Defenders’ Office:Revamping The New Orleans Criminal Justice System After Katrina, Anne Keith Walton Jan 2008

Editorial:The Orleans Public Defenders’ Office:Revamping The New Orleans Criminal Justice System After Katrina, Anne Keith Walton

American University Criminal Law Brief

No abstract provided.


Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases Jan 2008

Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases

Hofstra Law Review

No abstract provided.


I Came, I Saw, I Underwrote: D & O Liability Insurance’S Past Underwriting Practices And Potential Future Directions, Joshua Dobiac Jan 2008

I Came, I Saw, I Underwrote: D & O Liability Insurance’S Past Underwriting Practices And Potential Future Directions, Joshua Dobiac

Connecticut Insurance Law Journal

No abstract provided.


Wrongful Convictions As Rightful Takings: Protecting "Liberty-Property", John Martinez Jan 2008

Wrongful Convictions As Rightful Takings: Protecting "Liberty-Property", John Martinez

UC Law Journal

This Article poses a new theory of compensation for exonerated prisoners, one based on a theory of relational property as applied to wrongful convictions. This Article proceeds as follows: First, the Author establishes a nuanced definition of "wrongful conviction," differentiating between substantive and procedural wrongfulness, defining "conviction," discussing the role of causation in the definition, and discussing the incidence of such convictions as defined. Next, the Author describes the current legal doctrine for wrongful conviction compensation through the example of two wrongfully convicted prisoners who spent thirteen years on death row in Louisiana. The Author briefly considers the normative foundations …


Legislative Updates, Shiwali Patel Jan 2008

Legislative Updates, Shiwali Patel

The Modern American

No abstract provided.


Deaning For Whom? Means And Ends In Legal Education, Hon. Kristin Booth Glen Jan 2008

Deaning For Whom? Means And Ends In Legal Education, Hon. Kristin Booth Glen

Seattle University Law Review

I was an accidental dean. Law school deanship, or any kind of administration, was something that had never occurred to me. But after almost thirty happy and rewarding years as a constitutional litigator, state trial and appellate judge, and frequent law school professor, my dear friend, W. Haywood Burns, asked me to apply for the deanship at City University of New York School of Law (CUNY). Any request from Haywood was a good enough reason for complying. When, to my surprise, I was selected, I had to confront the more profound question of why I should become a law school …


Judging Innocence, Brandon L. Garrett Jan 2008

Judging Innocence, Brandon L. Garrett

Faculty Scholarship

This empirical study examines for the first time how the criminal justice system in the United States handled the cases of people who were subsequently found innocent through postconviction DNA testing. The data collected tell the story of this unique group of exonerees, starting with their criminal trials, moving through levels of direct appeals and habeas corpus review, and ending with their eventual exonerations. Beginning with the trials of these exonerees, this study examines the leading types of evidence supporting their wrongful convictions, which were erroneous eyewitness identifications, forensic evidence, informant testimony, and false confessions. Yet our system of criminal …


Defense Perspectives On Law And Politics In International Criminal Trials, Jenia I. Turner Jan 2008

Defense Perspectives On Law And Politics In International Criminal Trials, Jenia I. Turner

Faculty Journal Articles and Book Chapters

As international criminal trials become more prominent, a fundamental question persists about their purposes: Are the goals of international criminal trials primarily legal, similar to the objectives of domestic trials, or are they primarily political, such as helping communities heal and compiling an accurate record of the past? Courts and commentators often acknowledge both legal and political purposes of international criminal trials, but fail to prioritize among them. This paper examines the purposes of international criminal trials through the perspectives of an overlooked, but important, participant in these trials¿the defense attorney. Through personal interviews, scholarly articles, and case law, I …


Resource Reviews, Phyllis Fox Jan 2008

Resource Reviews, Phyllis Fox

The Christian Librarian

No abstract provided.


Empirical Study Of Hate Crimes In The United States: A Systematic Test Of Levin And Mcdevitt's Typology Of Offenders., Rayna E. Momen Jan 2008

Empirical Study Of Hate Crimes In The United States: A Systematic Test Of Levin And Mcdevitt's Typology Of Offenders., Rayna E. Momen

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study was to test Levin and McDevitt's Typology of Offenders theory using NIBRS data. Analysis of data from the National Incident-Based Reporting System on hate crime offenders (1995 - 2000) reveals that for thrill-seeking offenders 1) white adults age 18 and older are significantly more likely to commit hate crimes against perceived homosexuals, and 2) that white adults age 18 and older, suspected of using alcohol and/or drugs are significantly more likely to commit hate crimes against perceived homosexuals known to the victim, at the victim's residence/home. For defensive offenders, the following result was found 1) …


Table Of Contents Jan 2008

Table Of Contents

Georgia Law Review

No abstract provided.


No Names, Please: The Virtual Victimization Of Children, Crime Victims, The Mentally Ill, And Others In Appellate Court Opinions, Joel M. Schumm Jan 2008

No Names, Please: The Virtual Victimization Of Children, Crime Victims, The Mentally Ill, And Others In Appellate Court Opinions, Joel M. Schumm

Georgia Law Review

Google and other search engines allow anyone with Internet access the ability to obtain a wealth of information about their neighbors, acquaintances, employees, or even adversaries. Although easy access to information is generally a positive development, the easy discovery of highly personal and stigmatizing information often is not. It is particularly disconcerting when the information is being purveyed by appellate courts around the nation when they post hundreds of opinions to court websites every day. This Article surveys the use of initials and pseudonyms in appellate opinions for victims of crime, children, the mentally ill, jurors, and others. It discusses …


Plea Bargaining And Procedural Justice, Michael M. O'Hear Jan 2008

Plea Bargaining And Procedural Justice, Michael M. O'Hear

Georgia Law Review

Recognizing the increasingly dominant role of plea bargaining in the American criminal justice system, legal scholars \have devoted considerable attention in recent years to problems of accuracy and proportionality in cases resolved by guilty plea. However, an overriding focus on the outcomes of plea bargaining misses the important contributions that process makes to the acceptance of outcomes and the perceived legitimacy of the criminal justice system. Drawing on the extensive social psychology research on procedural justice, this Article proposes five process norms that prosecutors ought to observe when making or responding to plea offers. Paying greater attention to procedural justice …


A New Era Of Federal Sentencing: The Guidelines Provide District Court Judges A Cloak, But Is Gall Their Dagger?, Anna E. Papa Jan 2008

A New Era Of Federal Sentencing: The Guidelines Provide District Court Judges A Cloak, But Is Gall Their Dagger?, Anna E. Papa

Georgia Law Review

Federal district court judges today have a level of sentencing discretion that has been unknown since the adoption of the United States Sentencing Guidelines. This Note reviews the history of the Guidelines and outlines the problems that have resulted from the Supreme Court's decisions in Booker, Rita, and Gall This Note argues that the confusion may be clarified by giving effect to the text of 18 U.S.C. §3553(a), which requires that federal district court judges impose sentences that are sufficient, but not greater than necessary, and requires them to examine all the factors provided in the statute. The court's recent …


Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss Jan 2008

Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss

Articles by Maurer Faculty

In recent years, domestic violence legislation has migrated out of its traditional locus in family law and criminal law to include a rapidly growing body of employment law. The new laws respond to a relatively simple problem: Economic security is one of the most important factors in whether a victim of domestic violence will be able to separate from an abusive partner, but domestic violence often interferes with victims' ability to maintain jobs, thus causing job loss that further traps victims in abusive relationships. By providing supports to victims and empowering employers to take direct legal action against perpetrators of …


Annual Report, Fiscal Year 2008, Tennessee. Department Of Correction Jan 2008

Annual Report, Fiscal Year 2008, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.


Concerning Judicial Remedies When A Law Enforcement Agency Fails To Preserve Evidence That Is Subject To A Judicial Order., Colorado General Assembly Jan 2008

Concerning Judicial Remedies When A Law Enforcement Agency Fails To Preserve Evidence That Is Subject To A Judicial Order., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Background Investigations Of School Employees., Colorado General Assembly Jan 2008

Concerning Background Investigations Of School Employees., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Procedures To Facilitate The Provision Of Public Benefits To Offenders Transitioning From The Criminal Justice System, And Making An Appropriation Therefor., Colorado General Assembly Jan 2008

Concerning Procedures To Facilitate The Provision Of Public Benefits To Offenders Transitioning From The Criminal Justice System, And Making An Appropriation Therefor., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Sealing Of Criminal Justice Records, And Making An Appropriation In Connection Therewith., Colorado General Assembly Jan 2008

Concerning The Sealing Of Criminal Justice Records, And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.